In today’s increasingly complex immigration enforcement setting, employers face multiple challenges, including unannounced USCIS Administrative site visits (also known as onsite inspections), U.S. Immigration and Customs Enforcement (ICE) workplace raids, and Form I-9 audits. While these processes all aim to
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The Potential Impacts of President Trump’s Administration on DACA and Temporary Protected Status
President Donald Trump has indicated a strong intention to eliminate both the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) programs, which allow foreign nationals to temporarily live and work in the United States without the fear
Paid Prenatal Leave for Pregnant New Yorkers Has Arrived
New York is the first state in the U.S. to pass a law entitling workers to paid prenatal leave. The law, which took effect on January 1, 2025, requires private sector employers, regardless of size, to provide their New
Year-End Watch List: Possible Simplification to Employer Group Health Plan Reporting
2024 might almost be over, but the Senate recently passed two bills that are intended to ease at least some employer burdens under the Patient Protection and Affordable Care Act (ACA) moving forward. The bills, both of which are pending
What Employers Need to Know — Final Rule by the Department of Homeland Security Updating the H-1B Nonimmigrant Worker Visa Program
The U.S. Department of Homeland Security (DHS) recently issued a final rule aimed at modernizing the H-1B nonimmigrant worker visa program, with significant and favorable changes set to take effect on January 17, 2025. These updates provide much-needed clarity and
DOL Proposes End of Program Allowing Employers to Pay Disabled Employees Subminimum Wage
As part of a program dating back to 1938, the little-spoken-about Section 14(c) of the Fair Labor Standards Act (FLSA) includes a provision that allows employers to obtain certificates from the U.S. Department of Labor (DOL) authorizing them to pay
Employer Alert! The Department of Homeland Security (DHS) Announces Permanent 540-Day Automatic Extension Period of Employment Authorization Document (EAD) Renewals Timely Filed By Qualified Applicants
In a significant update for employers and human resource teams, the Department of Homeland Security (DHS) has made the 540-day auto-extension period for Employment Authorization Document (EAD) renewals a permanent benefit. In May 2022, DHS extended the EAD auto-extension to
The Time for Certain Foreign National Workers to Stop Traveling Abroad is NOW, Not After the Inauguration
One of the simplest but most important steps that employers should take to minimize the workforce disruptions associated with the upcoming change in presidential administrations is to avoid international travel by certain foreign national workers starting now, and to bring
Worker Classification in the Gig Economy: Legal Wins and Strategic Considerations for Employers
The gig economy continues to prosper, fueled by some recent legal wins, which have been delivered at a crucial juncture for businesses reliant on the flexibility and cost efficiencies that come with classifying workers as independent contractors. These victories are
Duties Not Dollars: Texas Court Invalidates DOL’s Overtime Rule Before Anticipated January 1, 2025 Salary Level Increase
With the upcoming change in administration, we expected that the U.S. Department of Labor’s (DOL) 2024 Overtime Rule ultimately would be cast aside, but the timing of the January 1, 2025 salary level increase before Inauguration Day was slated to